DEVI SARAN Vs. KESHAV RAM & OTHERS

JUDGEMENT

(1.) This revision petition has been instituted by the petitioner who was the complainant before the learned trial Court which dismissed his complaint under Section 138 of the Negotiable Instruments Act against the respondents.

(2.) Before the learned trial Court, a complaint was instituted against the three persons namely (1) Shri K.D. Sharma, Chairman-cum-Managing Director, Veer Bhumi Forests Plantation (1) Ltd., (2) the Director and (3) Shri Keshav Ram Chauhan, Manager, Veer Bhumi Forests Plantation (1) Ltd. The allegations made in the complaint were that the complainant on the recommendations of the Manager, invested a sum of Rs. 25,000/- with the company and the amount was paid to Shri Keshav Ram Chauhan, and receipt No. 3198 dated 12.6.1997 was issued. It was promised by the General Manager as wll as by the Company that the amount will be doubled in three years i.e. on 6.6.2000 and for this purpose post dated cheque No. RNT 560348 dated 6.6.2000, Punjab National Bank, Panchkula for Rs. 50,000/- was handed over to the accused Keshav Ram Chauhan which was signed by accused Nos. 1 and 2 jointly. The said cheque when presented for collection, was dishonoured for insufficient funds. The allegations then continue that a number of requests were made by the complainant for repayment of the amount, but nothing was returned. It states that the request was made to respondent No.3/third accused Keshwa Ram for repayment of the money, but of no avail.

(3.) The averments made in the complaint in para Nos 4 and 5 are noted for the purpose that since they form the core of acquisition against the respondents as under: